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New Deed Issued after Marriage Question

Hi ladies, I have a quick question about having a new deed issued after marriage.  When DH and I bought our house it was before we were married so the deed has my maiden name on it.  We are going through refinancing and the title company has asked if we would like to have a new deed drawn up with my married name.  They say the cost for this is $250 - $300.  Has anyone done this, was the cost in the same range?  Also, is there any legal reason to have my name changed on the deed?  Any advice would be appreciated.  TIA!

Re: New Deed Issued after Marriage Question

  • That is a good question and I'm not sure of the answer. You may have some luck posting this on Buying a Home also. Good luck!
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  • I would be curious about the answer to this question too only because I purchased our townhouse so the mortgage and the deed are only in my name (maiden for both I think). 
  • I do title insurance for a living and I am surprised they are giving you option because you don't have to but the mortgage company has to agree to put you on the mtg both ways (your married name/ also known as your maiden name) because the name on the deed and mortgage HAVE to match!

    We as a company always recommend that you switch your name over if you have the chance because tenants by the entireties (married) is the strongest hold you can have on real estate -  really here is the difference when you own as joint tenants with the right of survivorship (how you own now) and someone would file a judgement against you personally that judgement can affect your real estate when you go to sell meaning you would have to pay it off if you own as the entireties the judgement would have to affect both of you for it to be able to go against your real estate if it is only one of you then you could still sell your home and not have to pay it off....

     

    Also we only charge a $125, but as a title company we can only do deeds when we are giving title insurance ... if we are not giving title insurance we would have to send you to a lawyer because we are considered to dumb I guess to type it up any other time...

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  • Thanks for the advice ladies.....it's much appreciated
  • When we bought our house last year, we our deed listed us as engaged showing fiance' of... to reflect both names, and shows my maiden name. We used an attorney in our settlement since we bought the home from my Grandparents.. and he told us just to contact him when we got married so he could change the deed to reflect my married name and us as husband and wife. DH knows our attorney really well, so I need to have him call here soon and get it taken care of and find out all the details, cost, etc.. I guess there could be some legalities of it down the road if anything were to ever happen to anyone or worst case ever have to deal with separation issues, etc.... hoping nothing like that ever happens.. but hope to soon get ours taken care of.
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  • The price was about the same when I looked into it, but I was told it wasn't necessary.

    Interesting what PP said because the mortgage now comes in my married name but the deed is in my maiden name.  That's how it's addressed at least...I don't know what else they have on file.

    Tax bills still come in my maiden name and they said that could not be updated unless the deed is updated as well.

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